What Missouri Drivers Should Know After a Commercial Truck Accident

Have you or someone you love been in or affected by a commercial truck accident in Missouri? A commercial truck accident involves much more than a highway fender-bender, where you can simply exchange details and let the insurance company handle it.

Often there are injuries, high medical bills, vehicle repairs, and significant stress that follow the incident. Chances are that you may be unsure what steps to take next. Let’s look at what to do after a commercial truck accident.

Important Factors to Consider

When an accident happens, your first reaction would be shock and horror. But you need to keep calm and think clearly. So take a moment and a deep breath. Think about the following questions.

• What and who caused the accident?
• Who should you notify?
• How extensive are the damages incurred?
• Will workers’ compensation cover the damages if you were driving for you job?

Who’s to blame?

Finding answers here means you will have to look past the driver. Multiple parties can share responsibility for a commercial truck collision. Also, as the truck probably belongs to the commercial carrier, the company should be notified immediately.

Carrier violations

Commercial interstate carriers are governed by strict rules as administered by the Federal Motor Carrier Safety Administration (FMCSA), including things like cargo weight limitations, maintenance, and working hours. There are a multitude of reasons why the crash could have occurred, and violating the rules could be a major contributing factor.

Consider, for instance:

• Was the truck overloaded?
• Is the truck properly maintained?
• Has the driver been on the road longer than the law allows?

Severe injuries

Trucks are huge and can be exceptionally heavy. If an accident happens, there could be very serious injuries, which may only show some time after the accident. These could be life-changing and require extensive ongoing medical treatment.

Immediate Steps After an Accident

1. Check for Injuries. Call for medical care and alert the authorities. 911 is the go-to number to call.
2. Document everything. Take photos of the scene, the damage, license plates, company names, USDOT numbers, and even the surrounding road conditions.
3. Get witness information. If anyone saw the accident happen, their testimony could help with a legal claim. Collect names and numbers of anyone at the scene.
4. Wait for authorities, and get a medical checkup as soon as possible.
5. Don’t apologize or admit fault to anyone at any time (while complying with required accident reporting).

Critical Evidence You May Need

Collecting photographic and video evidence is vital, but there is more evidence that can be collected. Modern trucks may have event recorders or tracking devices that track information like speed and braking pressure. This sort of information could help prove your case.

Unfortunately, companies know that, and some may try to hide the evidence, and certainly won’t just hand it over to anyone. An attorney could secure a court order demanding the evidence be released. They could also request documentation like service records and maintenance logs.

Commercial carriers have to keep Electronic Logging Device (ELD) records for a specific timeframe, and once that time has passed, they could legally overwrite the data. An attorney can request a court to issue a spoliation/preservation order so that all data is preserved.

Missouri Laws Impacting the Claim

It is advisable to contract the services of reputable commercial truck accident attorneys who are familiar and experienced with local laws. They would know the nuances and similar cases (precedents) that could have a bearing on your claim. These are some of the most important laws to bear in mind with any claim.

Comparative fault

Under Missouri law, compensation is relative to comparative fault. If you were to blame (or partially blame) for the accident, you can still claim for damages. However, the compensation is generally proportionate to your percentage of the fault.

Statute of limitations

In Missouri, personal injury claims generally carry a 5-year statute of limitations. However, to avoid giving companies time to discard any evidence, get an attorney involved as soon as possible.

Wrongful death claims

Missouri laws limit claims for wrongful death to specific family members, and there is a 3-year claim limit.

Third-party work claims

If you were on the clock when the accident happened, you can file two separate claims in Missouri. Workers’ compensation may handle your immediate medical care and lost income, while a personal injury suit targets the trucking company for pain and suffering.

Protect Your Rights

When you’ve been through a terrible ordeal like a trucking accident, the last thing you want to do is deal with insurance adjusters and huge medical costs. However, you don’t have to do this alone. Follow the immediate steps to take after an accident, and then contact a commercial truck accident attorney to handle all the negotiations and claims on your behalf.

Make sure that your interests are protected, because commercial carriers will have attorneys handling things on their side. You just need to level the playing field. An experienced attorney will ensure that your rights under Missouri law are protected, and you receive the full and fair compensation you need in order to focus on your recovery.